CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, NAGPUR Vs. MINENDRAKUMAR AND ORS.
LAWS(SC)-2016-4-136
SUPREME COURT OF INDIA
Decided on April 27,2016

Chief Executive Officer, Zilla Parishad, Nagpur Appellant
VERSUS
Minendrakumar And Ors. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Writ Petition No.4204 of 2001 out of which the present appeal has arisen was filed by three writ petitioners including the respondent No.1 herein as the third writ petitioner. It was answered by the High Court by order dated 10th August, 2010 in the following terms: "Order (i) Writ Petition is allowed. (ii) Respondent No.3 - Zilla Parishad is directed to appoint the petitioners strictly in accordance with the directions issued by the Government as per Annexure-I dated 31.10.2000/ 6.11.2000 by placing them in appropriate post and grade and further to give them all benefits flowing from the said directions from the Government. (iii) Respondent No.3- Zilla Parishad to pay costs of RS. 2,000/- (Rupees Two Thousand only) to each of the petitioners."
(3.) Two translated versions of the Government Order dated 31st October, 2000/6th November, 2000 referred to in the aforesaid order of the High Court dated 10th August, 2010 have been placed on record. Reading of either discloses that the decision of the Government was to appoint the writ petitioners in the said writ petition initially as Mistri Grade-II and thereafter to absorb them as Civil Engineering Assistants as and when the vacancies become available in the said cadre. Pursuant thereto the respondent No.1 - writ petitioner was appointed as Mistri Grade-II by order dated 8th April, 2011 and subsequently was absorbed in the post of Civil Engineering Assistant by order dated 31st August, 2012. Their inter se seniority in the said cadre was also fixed in terms of the relevant Government Resolutions. Contending that the respondent - writ petitioner is entitled to pay and allowances with effect from 2nd November, 1999 (the date of recommendation by the Selection Board) and fixation of seniority and all other service benefits, Contempt Petition No.150 of 2013 was filed wherein the impugned order dated 20th December, 2014 has been passed.;


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